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Vytra Health Plans v. Colossal Carting Corp.

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 17, 2009

VYTRA HEALTH PLANS, ETC., RESPONDENT,
v.
COLOSSAL CARTING CORP., ET AL., DEFENDANTS; DENNIS BURKE, JR., NONPARTY-APPELLANT.

In a subrogation action to recover insurance benefits paid on behalf of the plaintiff's insured, nonparty Dennis Burke, Jr., the plaintiff's insured, appeals from so much of an order of the Supreme Court, Suffolk County (Pines, J.), dated August 28, 2007, as, in effect, upon reargument, denied that branch of the defendants' motion which was for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO & THOMAS A. DICKERSON, JJ.

(Index No. 33695/06)

DECISION & ORDER

ORDERED that the appeal is dismissed, with costs.

Inasmuch as the nonparty-appellant is not aggrieved by the order appealed from, his appeal must be dismissed (see CPLR 5511).

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

20090317

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